Any and all references in the Upland Municipal Code to the Fire Code shall mean and refer to the Fire Code of the San Bernardino County Fire Protection District, as the same may be amended from time to time.
(Ord. 1923 § 2, 2017)
The San Bernardino County Fire Protection District is hereby designated, and shall serve, as the fire department of the city of Upland. Any and all references in the Upland Municipal Code to the fire department shall mean and refer to the San Bernardino County Fire Protection District.
(Ord. 1923 § 2, 2017)
Any and all references in the Upland Municipal Code to the fire chief or fire marshal shall mean and refer to the fire chief and fire marshal, respectively, of the San Bernardino County Fire Protection District, or their designees. Any references in the Upland Municipal Code to any other officer of the fire department shall mean and refer to that person employed or retained by the San Bernardino County Fire Protection District having substantially the same job responsibilities, or designee.
(Ord. 1923 § 2, 2017)
A. 
For purposes of this section, the term "fireworks" has the meaning outlined in the California Health and Safety Code Section 12511, as it may be amended from time to time. At the minimum, the term "fireworks" includes the following:
1. 
"Dangerous fireworks" as defined in California Health and Safety Code Section 12505, as it may be amended from time to time.
2. 
"Safe and sane fireworks" as defined in California Health and Safety Code Section 12529, as it may be amended from time to time.
B. 
Except as otherwise provided by state or federal law, it is unlawful for any person, business, or entity to possess, use, explode, ignite, discharge, sell, give away, display, display for sale, or improperly store any fireworks within the city, or to engage in any fireworks activity prohibited by the California Health and Safety Code.
C. 
No person, business, or entity may possess, carry, or transport any fireworks outside unless the fireworks are safely stored in a locked container rated for containing explosives.
D. 
Any eyewitness accounts, photographs, video footage, audio recordings, Internet postings, or social media postings that depict or describe any fireworks activity prohibited by this section may be used to establish a violation of this section.
E. 
Any person having care, custody, or control and in the presence of a minor shall be liable for any violation of this section committed by that minor.
F. 
Any law enforcement official, peace officer, fire chief, fire marshal, or code enforcement officer may seize, confiscate, impound, take, remove, or cause to be removed any fireworks sold, displayed, possessed, stored, used, exploded, or ignited in violation of this section.
G. 
Enforcement.
1. 
Any violation of this section is hereby declared unlawful, a misdemeanor, and a public nuisance punishable per Title 1 of this code.
2. 
Violations of this section involving a person, business, or entity who willfully resists, delays, or obstructs an authorized city agent from enforcing any provision of this section or who willfully resists, delays, or refuses to comply with any provision of this section after being requested to do so by an authorized city agent, shall violate this section and be subject to the penalties outlined in this section.
3. 
Each person, business, or entity shall be deemed guilty of a separate offense for every day, or portion thereof, during which any violation of, or failure to comply with, any of the provisions of this section is committed, continued, or permitted by such person, business, or entity, and each instance shall be deemed separately punishable.
4. 
The provisions of this section shall not be construed as permitting any conduct not proscribed herein and shall not affect the enforceability of any other applicable law provisions.
5. 
The city may enforce any violation of this section by any means available at law, including, but not limited to, administrative enforcement, administrative fines, criminal prosecution, civil enforcement, restraining orders, or injunctions.
6. 
These penalties and remedies are cumulative and in addition to any other penalties and remedies available to the city, including, but not limited to, those provided in Chapters 1.16, 1.20, and 1.22 of this code.
7. 
Nothing within this section shall preclude the presentation of a public fireworks display by the city or with written permission from the city.
(Ord. 1923 § 2, 2017; Ord. 1984, 2/26/2024)
A. 
Except as may be permitted by state law or as provided in subsection (G)(2) of this section, it is unlawful for any person to permit, allow, aid, or abet any discharge of fireworks (including a public display) if such a person either knows or reasonably should have known that an individual is discharging fireworks on his or her private property. Any person who permits, allows, aids, or abets any discharge of fireworks on a property under their possession or control shall be deemed to have actual or constructive knowledge that fireworks have been discharged if the person has not taken all reasonable steps to prevent the discharge of fireworks, as noted in subsection (G)(2) of this section.
B. 
Any person who permits the discharge of fireworks from their premises shall be rebuttably presumed to have actual or constructive knowledge that individuals have discharged fireworks if such person is present at the premises at any time the fireworks are to have occurred.
C. 
Upon identification of an unpermitted discharge of fireworks, code enforcement and or law enforcement personnel may issue a written notice to all other identifiable responsible persons not present at the unpermitted discharge of fireworks that a violation of the fireworks ordinance has occurred and that further violations may result in citations, enforcement proceedings, and assessment of response costs.
D. 
Any eyewitness accounts, photographs, video footage, audio recordings, Internet postings, or social media postings that depict or describe any fireworks activity prohibited by this section may be used to establish a violation of this section.
E. 
Any law enforcement official, peace officer, fire chief, fire marshal, or code enforcement officer may seize, confiscate, impound, take, remove, or cause to be removed any fireworks sold, displayed, possessed, stored, used, exploded, or ignited in violation of this section.
F. 
It is the duty of any person who permits, allows, aids, or abets any fireworks discharge at their residence, other private property, or any other premises under their control to take all reasonable steps to prevent the discharge of fireworks at the premises.
G. 
The provisions of this section shall not apply to:
1. 
The possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted by federal or state law.
2. 
A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity to comply with this section if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violations of this chapter.
H. 
No host shall aid or abet another person's violation of a provision of this chapter in a public right-of-way adjacent to the host's private property. A host aids or encourages another person's violation of a provision of this chapter if they know or should have known of the other person's unlawful purpose and the host intends to and does aid, facilitate, promote, encourage, or instigate the other person's commission of that violation.
I. 
Any person having care, custody, or control and in the presence of a minor shall be liable for any violation of this section committed by that minor.
J. 
Nothing within this section shall preclude the presentation of a public fireworks display by the city or with written permission from the city.
(Ord. 1984, 2/26/2024)